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4 <br />iAn DELIVERY AND FACSUMLE (3857 94"113 <br />December 14, 1998 <br />Lynn Dannheisser, .Esq. <br />City Attorney <br />City of Sunny Isles Beach <br />17070 Collins Avenue, Suite 250 <br />Sunny isles Beach, FL 33160 <br />if <br />-t-k I <br />RE: Williams Island Ocean Club and Resort — Temporary Certificate of Occupany <br />Dear Lynn: <br />This letter shalt confirm our undwstanding of the City of gunny Isles Beach's agreement to provide us <br />with a temporary certificate of occupancy (the. "TCO ") expiring on January 22, 1998 for The Williams <br />Island Ocean Club dt Resort (the" roperty "), which is located at 17975 Collins Avenue and is the subject <br />matter of City of Sunny Isles Beach Resolution No. 98 -Z -17 (the"Resolution "). The issuance of the TCO <br />shall be issued based on the following conditions. <br />1. That Wilhamsdsland Ckzan Club, inc. ( "Willia c Island ") hereby hol*the City of Sunny .GD <br />Isles Beach (the-City") hartttlaes'and indemnif,�t the City for any and all loss or damage <br />arising in connection with its issuance of the TCO, including reasonable attorney's fees <br />through the trial and all appePate levels; <br />2. That Williams Island hereby covenants that it will not operate a hotel at the Property until <br />such time as all of the conditions contained in the Iesolution -tend Sunny Isles (each <br />Resolution No. 98 -7. -18 (the "Parking Lot Resolution ") have been satisfied; <br />3. That Williams Island will immediately submit an application to the City Commission <br />requesting a public hearing on January 21,-1.999, ( "Meeting. Date') to modify item # 6 of <br />the Resolution, or ;Hake such other request as may .be reasonably necessary or <br />appropriate, to provide for the issuance by the City of a temporary certificate of <br />occupancy for the Property which extends for a .period of up to ninety (90) days <br />following the Meeting Date, pmvid4 however,. the City's staff reserves the right to <br />recommend approval or denial bused on the acwmplishment of the conditions and that <br />there shall be no morn than one extension of the TCO for-art additional period of ninety <br />(90) days; <br />4, Within thirty (30) days of the comphc-tion of construction, including landscaping. and all <br />other building improvements, that Williblils Island shall submit an as -built site plan in <br />accordance with items # 1 and 2 of the Resolution; <br />7900°rlTtff7if` Wlevard, Willisms l.land, Florida 33160. Telephone: (305) 935 -5555. Toil Free: 1 (800) 628. 7777. Fax: (305) 931 -5080 <br />